Vijay Parihar vs State Of M.P

Vishal Mishra, J

In the wake of unprecedented and uncertain situation due to outbreak of the Novel Corona virus (COVID-19) and considering the advisories issued by the Government of India, this application has been heard and decided through video conferencing to maintain social distancing. The parties are being represented by the respective counsel through video conferencing, following the norms of social distancing/ physical distancing in letter and spirit.

Heard the learned counsel for the parties.

The applicant has filed this first application u/S. 439 Cr.P.C. for grant of bail.

The applicant has been arrested on 14.03.2020 by Police Station Mau, District Bhind (M.P.) in connection with Crime No.72/2020 registered in relation to the offence punishable u/Ss. 354, 323 of IPC.

It is submitted by the counsel for the applicant that the applicant has falsely been implicated in the case and he has not committed any offence in any manner. It is argued that on the day of lodging of present FIR, a complaint has been made by the present applicant against the complainant which was registered at crime No. 69/2020 at police station Mau district Bhind. Thereafter, the present FIR has been registered as a counter blast to the same. It is submitted that investigation in the matter is over and charge sheet has been filed on 31.05.2020. There is no further requirement of custodial interrogation of the applicant. He is ready to abide by all the terms and conditions that may be imposed by this court while considering the application for grant of bail. He has shown his willingness to contribute an amount of Rs.5,000/- towards the High Court Bar Association Fund, Gwalior during this COVID-19 pandemic scenario. There is no possibility of his absconding or tampering with the prosecution case. Counsel for the applicant prays for grant of bail to the applicant.

Per contra, Panel Lawyer for the State has opposed the application stating that there are specific allegations against the present applicant in the FIR and the statements under Section 161 as well as under Section 164 of Cr.P.C. It is argued that the applicant is having criminal history of two cases but he fairly submits that the charge sheet has been filed on 31.05.2020 and the applicant is in custody since 14.03.2020.

The Hon'ble Supreme by order dated 23.03.2020 passed in the case of IN RE : CONTAGION OF COVID 19 VIRUS IN PRISONS in SUO MOTU W.P. (C) No.1/2020 has directed all the States to constitute a High Level Committee to consider the release of prisoners in order to decongest the prisons. The Supreme Court has observed as under :-

"The issue of overcrowding of prisons is a matter of serious concern particularly in the present context of the pandemic of Corona Virus (COVID - 19).

Having regard to the provisions of Article 21 of the Constitution of India, it has become imperative to ensure that the spread of the Corona Virus within the prisons is controlled. We direct that each State/Union Territory shall constitute a High Powered Committee comprising of (i) Chairman of the State Legal Services Committee, (ii) the Principal Secretary (Home/Prison) by whatever designation is known as, (ii) Director General of Prison(s), to determine which class of prisoners can be released on parole or an interim bail for such period as may be thought appropriate. For instance, the State/Union Territory could consider the release of prisoners who have been convicted or are under trial for offences for which prescribed punishment is up to 7 years or less, with or without fine and the prisoner has been convicted for a lesser number of years than the maximum.

It is made clear that we leave it open for the High Powered Committee to determine the category of prisoners who should be released as aforesaid, depending upon the nature of offence, the number of years to which he or she has been sentenced or the severity of the offence with which he/she is charged with and is facing trial or any other relevant factor, which the Committee may consider appropriate."

Taking into consideration the overall facts and circumstances of the case, and the fact that the charge sheet has already been filed on 31.05.2020, without commenting upon the merits of the case, this Court deems it appropriate to allow this application considering the pandemic Covid-19 scenario. The application is allowed.

The applicant are directed to be released on bail on furnishing their personal bonds in the sum of Rs.50,000,/-(Rs. Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of the Investigation Officer/trial Court, as the case may be with submission of written undertaking and the applicant will abide by all terms and conditions of the different circulars, orders as well as guidelines issued by the Central Government, State Government as well as Local Administration for maintaining social distancing, hygiene etc to avoid Novel Corona Virus (COVID -19) pandemic and he will have to install Arogya Setu App, if not already installed.

This order will remain operative subject to compliance of the following conditions by the applicant :-

The applicant will comply with all the terms and conditions of the bond executed by him;

The applicant will cooperate in the investigation/trial, as the case may be;

The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;

The applicant shall not commit an offence similar to the offence of which he is accused.

The applicant will not seek unnecessary adjournments during the trial; and

The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

The applicant shall deposit Rs.5,000/- in the account of the High Court Bar Association, Gwalior within a period of seven working days from the date of release, for the purpose of assistance and rehabilitation of the members of the Bar, who are facing financial distress due to lock-down and restrictive functioning of the courts owing to ongoing Covid 19 Pandemic. This Court has no manner of doubt that the office bearers and the senior members of the Bar shall ensure that the donation reaches the rightful and deserving claimants.

The applicant will inform the concerned S.H.O. of concerned Police Station about his residential address in the said area and it would be the duty of the Panel Lawyer to send E-copy of this order to SHO of concerned police station as well as Superintendent of Police, District Bhind who shall inform the concerned SHO regarding the same.

In case of involvement of the present applicant in any other offences the benefit of bail granted by this Court shall stand canceled automatically.

Application stands allowed.

In view of the COVID-19, jail authorities are directed that before releasing the applicant, medical examination of applicant shall be undertaken by the jail doctor and on prima facie, if it is found that they are having the symptoms of COVID-19, then consequential follow up action including the isolation/quarantine or any test if required, be ensured, otherwise applicant shall be released immediately on bail and shall be given a pass or permit for movement to reach their place of residence.

E-copy of this order be provided to the applicant and E-copy of this order be sent to the trial Court concerned for compliance.

It is made clear that E-copy of this order shall be treated as certified copy for practical purposes in respect of this order.